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Sunday, January 15, 2006

Outline on Jurisdiction

I. SUPREME COURTA. Original:1. ExclusivePetitions for issuance of writs of certiorari, prohibition and mandamus against the following:a. Court of Appealsb. Commission on Electionsc. Commission on Auditd. Sandiganbayan2. Concurrent (with the Court of Appeals)Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:a. National Labor Relations Commissions under the Labor Code (Sec. 9, BP129 as amended by RA 7902; St. Martin FH v NLRC, 295 S 494). However, petitions should be filed with the CAb. Civil Service Commissionc. Central Board of Assessment Appealsd. Court of Tax Appeals and Quasi-Judicial Agenciese. Regional Trial Courts and lower courtsf. Petition for writ of habeas corpus and quo warrantog. Lower courts or bodies (with RTC)h. Actions affecting ambassadors and other public ministers and consuls.B. Appellate1. Notice of Appeal:a. From RTC or Sandiganbayan in all criminal cases involving offenses for which the penalty imposed is reclusion perpetua, life imprisonment or death, and those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion.Example: People v. Plateros, 83 S 401b. Automatic review in criminal cases where the death penalty is imposed by the RTC or Sandiganbayan.2. Petition for review on certioraria. Appeals from the CAb. Appeals from the Sandiganbayan on pure questions of lawExample: cases where penalty imposed is reclusion perpetua, life imprisonment or deathc. Appeals from the RTC exercising original jurisdiction in the following cases:1. If no question of fact is involved and the case involves:· Constitutionality or validity of treaty, international or executive agreement, law, PD, proclamation, order, instruction, ordinance or regulation· Legality of tax, impost, assessment, or toll, or penalty in relation thereto· Jurisdiction of lower court.2. All cases in which only errors or question of law are involved.3. Special Civil Action of certiorari filed within 30 days· Commission on Elections· Commission on Audit

B. APPELLATE1. Writ of Errora. Appeals of RTCException: those appealed to the SCb. Appeals from RTC on constitutional, tax, jurisdictional questions involving questions of fact which should be appealed first to the CA.c. Appeals from decisions and orders of the Family Courts2. Petition for Reviewa. Appeals from Civil Service Commissionb. Appeals from RTC in cases appealed from MTC, Metropolitan Trial Court, MCTC, which are not a matter of right.c. Appeals from CTA (there's as new law on this, ill post it later) and quasi-judicial agencies:· Central Board of Assessment Appeals· Securities and Exchange Commission· Office of the President· Land Registration Authority· Social Security Commission· Civil Aeronautics Board· Bureau of Patents, Trademarks and Technology Transfer· National Electrification Administration· Energy Regulatory Board· National Telecommunications Commission· Department of Agrarian Reform under RA 6657· Government Service Insurance System· Employees Compensation Commission· Agricultural Inventions Board· Insurance Commission· Philippine Atomic Energy Commission· Board of Investments· Construction Industry Arbitration Commission· Voluntary arbitrators authorized by lawd. Appeals from the National Commission on Indigenous Peoplee. Appeals from the Ombudsman in administrative disciplinary cases.

III. SANDIGANBAYANA. ORIGINAL1. Exclusivea. Violations of· RA 3019 (Anti-Graft and Corruption)· RA 1379 (Forfeiture of Unlawfully Acquired Properties)· RPC, Chap II, Sec. 2, Title VIIb. Other offenses committed by public officials and employees in relation to their office, and private individuals charged as co-principals, accomplices, and accessories including those employed in government owned or controlled corporation where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity at the time of the commission of the offense:- Officials of executive branch classified as Grade 27 or higher- Members of Congress- Members of the Judiciary- Members of Constitutional Commissions- All other national and local officials classified as Grade 27 and higherc. Civil and criminal cases filed pursuant to and in connection with:- EO Nos. 1,2,14 and 14-A- Sec. 2 of RA 7975 as amended by RA 82492. Concurrent with the SC- Petitions for certiorari, mandamus, habeas corpus, injunctions and other ancillary writs in aid of its appellate jurisdiction, including quo warranto arising in cases falling under EO 1,2,14 and 14-A.

B. Appellate – decisions and final orders of RTC in the exercise of the original or appellate jurisdiction under PD 1606, as amended.

IV. REGIONAL TRIAL COURTS

A. Original1. Civila. Exclusive1. Subject of action not capable of pecuniary estimation (e.g. specific performance, rescission of contract)2. Actions involving title or possession of real property or interest therein where the assessed value exceeds P20,000 or in Metro Manila P50,000Except:Forcible Entry and unlawful detained (with inferior courts)3. Actions in admiralty and maritime jurisdiction where demand or claim exceeds P300,000 or in Metro Manila P400,0004. Matters of probate, testate or intestate, where the gross value exceeds P300,000 or in MM P400,0005. Actions involving marriage and marital relations6. Cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial function7. Actions and special proceedings falling within exclusive jurisdiction of Juvenile and Domestic Relations Court and of Court of Agrarian Relations8. Other cases where demand exclusive of interest, damages, attorney’s fees, litigation expenses and costs, or value of property in controversy exceeds P300,000 or in MM P400,000.

However, if the claim for damages is the main cause of action, the amount thereof shall be considered in determining the jurisdiction of the court.

b. Concurrent- with the SC1. Actions affecting the ambassadors and other public ministers and consuls- with SC and CA1. Certiorari, prohibition and mandamus against the lower courts and bodies2. Habeas Corpus and Quo Warranto- with the Insurance CommissionClaims not exceeding P100,000. Applicable if subject is not capable of pecuniary estimation. Otherwise, jurisdiction is concurrent with MTC, etc.

NOTE: Guardianship and adoption cases are now under the exclusive original jurisdiction of the Family Courts established by RA 8369.

2. Criminal A. Exclusive: - Criminal cases not within exclusive jurisdiction of any court, tribunal or body. These include criminal cases where the penalty by law exceeds six (6) years imprisonment irrespective of fine. These also include criminal cases not falling under within the exclusive original jurisdiction of the Sandiganbayan where none of the accused is occupying the positions corresponding the salary grade 27 and higher. But in cases where the only penalty provided by law is a fine, the RTC have jurisdiction if the amount of the fine exceeds P4,000.

NOTE: Family Courts have exclusive original jurisdiction over criminal cases where one or more of the accused is below 18 but not less than 9 or when one or more the victims is a minor at the time of the commission of the offense.

A. Original1. Civila. Exclusive- actions involving personal property valued at not more than P300,000 or in MM P400,000- actions demanding sums of money not exceeding P300,000 or in MM P400,000, in both cases, exclusive of interest, damages, attorney’s fees, litigation expenses and costs, amount of which must be specifically paid.These includes admiralty cases- actions involving title or possession of real property where the assessed value does not exceed P20,000 or in MM P50,000- provisional remedies in principal action within their jurisdiction, and I per cases, such as preliminary attachment, preliminary injunction, appointment or receiver, and delivery or personal property- forcible entry and unlawful detainer with jurisdiction to resolve issue of ownership to determine issue of possession- probate proceedings, testate or intestate, where gross value of estate does not exceed P300,000 or in MM P400,000- inclusion and exclusion of votersb. Concurrent with RTC - none c. Delegated- Cadastral and land registration cases assigned by SC where there is no controversy or opposition and in contested lots values at not more than P100,000d. Special- Petition for habeas corpus in the absence of all RTC judges.

2. CriminalExclusive- All violations of city or municipal ordinances committed within their respective territorial jurisdiction- All offenses punishable with imprisonment of not more than 6 years irrespective of their fines and regardless of other imposable accessory or other penalties and the civil liability arising therefrom; provided however, that in offenses involving damage to property through criminal negligence, they shall have original jurisdiction- Offenses committed not falling within the exclusive original jurisdiction of the Sandiganbayan where none of the accused are occupying positions corresponding to salary grade “27” and higher- In cases where the only penalty provided by law is a fine not exceeding P4,000.b. Concurrent (with Fiscals and State Prosecutors) Except MTCs in NCR, conduct preliminary investigation of crimes punishable by at least 4 years, 2 months, 1 day without regard to the fine. Preliminary investigation of crimes within the jurisdiction of the Sandiganbayan is conducted by the Office of the Special Prosecutor under the Ombudsman.

c. Special Application for bail in the absence of RTC judges.

3. Summary Procedurea. Civil- Forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered- All other cases, except probate proceedings, where the total claim does not exceed P10,000

b. Criminal- Traffic violations- Rental laws violations- Violations of city or municipal ordinances- All other cases where penalty does not exceed 6 months and/or fine of P1,000

RA 6389- created by the Family Courts- cases are the exceptions to the cases under the jurisdiction of inferior courtsi.e. child abuse, regardless of the amount of damages, domestic and conjugal cases

Thanx for the update, RA 9282 is an act expanding the jurisdiction of the CTA and elevated its rank to the level of a collegaite court with special jurisdictyion. For a copy of that act go to www.ops.gov.ph/records/ra_no9282.htm.

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